Legal Opinion
In re Gilbert
United States Bankruptcy Court, N.D. Georgia
Decided February 10, 2015No. Case No.: 13-62481-JRSPublishedCited by 7 opinions
1Opinion of the Court
ORDER
James R. Sacca, U.S. Bankruptcy Court Judge
This case involves the interplay between §§ 541(a)(5) and 1306(a)(1) to determine whether a post-confirmation inheritance is property of the estate in this Chapter 13 case. Courts have reached two opposite conclusions despite all agreeing that the language of these statutes is clear and what rules of statutory construction apply. What they do not agree on is what the plain meaning is and the outcome of the application of the rules of statutory construction on these statutes. The Eleventh Circuit Court of Appeals has not decided the issue, but…
2Cases cited13 opinions
- Radlax Gateway Hotel, LLC v. Amalgamated BankSupreme Court of the United States · 2012
- CBS Inc., Fox Broadcasting Co. v. Primetime 24 Joint VentureCourt of Appeals for the Eleventh Circuit · 2001
- Waldron v. BrownCourt of Appeals for the Eleventh Circuit · 2008
- Rickey Carroll v. John LoganCourt of Appeals for the Fourth Circuit · 2013
- In Re EuerleUnited States Bankruptcy Court, D. New Hampshire · 1987
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3Cited by7 opinions
- In re MooreUnited States Bankruptcy Court, E.D. Tennessee · 2019
- In re LombardiUnited States Bankruptcy Court, D. Massachusetts · 2016
- In re PortellUnited States Bankruptcy Court, W.D. Missouri · 2016
- Carol A. JohnsonUnited States Bankruptcy Court, D. Alaska · 2020
- In re MurdockUnited States Bankruptcy Court, S.D. Georgia · 2015
2 more not listed; retrieve them via the Exa API.